Hong Kong Case Law: Decisions & Judgments

Topic

Existing use value

Legal area

Court

7 Dec 2022

NEW MERIT LTD v. THE PERSONAL REPRESENTATIVES OF CHAN KUM KWAN, DECEASED

Citation

[2022] HKLdT 66
Court

Lands Tribunal
Case number

LDCS1000/2022

Applicant satisfied statutory ownership threshold (>90%); tribunal accepted expert valuation evidence (EUV total $95,810,000) and residual valuation (RDV $106,000,000) and accepted expert building condition reports establishing redevelopment justified due to age and poor state; applicant had taken reasonable steps to acquire outstanding share; accordingly an order for sale by public auction with reserve price $106,000,000 was granted and trustees were appointed.
31 May 2021

WISE GRACE INVESTMENT LTD AND OTHERS v. KWOK WAI SIN AND OTHERS

Citation

[2021] HKLdT 42
Court

Lands Tribunal
Case number

LDCS27000/2019

The tribunal accepted and adjusted the applicants' valuation evidence to set the EUV at HKD 246,540,000 and accepted the applicants' expert reports that the Building is obsolete and in poor repair so redevelopment is justified; it found the applicants had taken reasonable steps to acquire remaining shares; consequently an order for sale was granted and the RDV/reserve price was set at HKD 259,000,000 with trustees appointed to conduct the sale.
15 Oct 2020

TOP HARMONY LTD v. CHEUNG YUET SHEUNG AND OTHERS

Citation

[2020] HKLdT 42
Court

Lands Tribunal
Case number

LDCS39000/2018

Applicant satisfied statutory ownership threshold (applicable lower threshold 80%), demonstrated redevelopment of the Lot was justified on grounds of age and state of repair, and had taken reasonable steps to acquire remaining shares; merged‑site marriage value/Clay factor was not to be treated as part of the Lot's RDV for reserve price; accordingly Tribunal ordered sale by public auction with reserve price set at HK$326,830,000 and awarded costs to respondents (subject to specified allocation).
19 Nov 2018

CHAN SHIU CHONG v. DIRECTOR OF LANDS

Citation

[2018] HKLdT 89
Court

Lands Tribunal
Case number

LDLR1/2012

The Tribunal found the Applicants failed to prove on the balance of probabilities that the Subject Properties had redevelopment potential within a reasonably foreseeable timescale as at the resumption date; accordingly redevelopment value was excluded and market value was assessed on EUV by direct comparison, resulting in awards of $8,710,000, $8,080,000 and $10,070,000 to the respective applicants.
6 Dec 2017

SKY REACH ENTERPRISES LTD AND OTHERS v. THE PRESONAL REPRESENTATIVE OF THE ESTATE OF CHAN KIT HEN, DECEASED

Citation

SKY REACH ENTERPRISES LTD AND OTHERS v. THE PRESONAL REPRESENTATIVE OF THE ESTATE OF CHAN KIT HEN, DECEASED
Court

Lands Tribunal
Case number

LDCS3000/2017

Applicants met the statutory ownership threshold (80%) under the specified Notice; the Tribunal accepted the valuers' EUV and RDV assessments in the absence of contradictory evidence; expert evidence established the Building is old and in poor repair making redevelopment justified; applicants took reasonable steps (no offer required where owner is missing); accordingly an order for sale by public auction with reserve price equal to the RDV of HKD81,200,000 and appointment of trustees to hold the respondent's share pending related proceedings was warranted.
3 Feb 2017

FAIRBO INVESTMENT LTD v. CHOW WEI CHI JOSEPH, APPOINTED BY ORDER TO REPRESENT THE ESTATE OF CHOW KIU KAM JING, DECEASED

Citation

FAIRBO INVESTMENT LTD v. CHOW WEI CHI JOSEPH, APPOINTED BY ORDER TO REPRESENT THE ESTATE OF CHOW KIU KAM JING, DECEASED
Court

Lands Tribunal
Case number

LDCS24000/2014

Tribunal held applicant met statutory ownership threshold (87.5% > applicable 80%), credible expert evidence established buildings are old and in poor repair so redevelopment is justified, applicant took reasonable steps to acquire minority interest and made fair offers, the independent valuations of EUV and RDV were accepted after review and the Tribunal ordered compulsory sale by public auction, appointed trustees and set a reserve price of HK$92,400,000.
25 Jul 2011

HERO PROGRESS LTD v. TING PING KWAN BILLY AND OTHERS

Citation

HERO PROGRESS LTD v. TING PING KWAN BILLY AND OTHERS
Court

Lands Tribunal
Case number

LDCS13000/2010

The Tribunal accepted the applicant's expert valuations and the building and structural expert evidence that the building had reached the end of its design life and was in substantial disrepair; it determined the EUV of all units (total EUV HK$35,920,000; R1 unit HK$2,320,000), conducted a residual valuation for redevelopment, fixed the reserve price at HK$70,000,000, found the applicant had taken reasonable steps to acquire the minority share and that the offer of HK$4,000,000 was fair and reasonable, and therefore granted an order for compulsory sale with apportionment by EUV under the Ordi…
14 Oct 2010

PANDIX LTD v. HUI KAM KWEI AND ANOTHER

Citation

PANDIX LTD v. HUI KAM KWEI AND ANOTHER
Court

Lands Tribunal
Case number

LDCS4000/2009

The tribunal held that 'dwelling houses' in the Government Lease means domestic purposes only because the plain, ordinary meaning equates dwelling/residential with domestic use, the lease must be construed in context to restrict use accordingly, authorities cited do not establish a general rule permitting independent commercial uses, and Expressluck supports that commercial or business activities are not permitted in such houses.
27 Mar 2009

FINEWAY PROPERTIES LTD v. AU YEUNG CHOW AND ANOTHER

Citation

FINEWAY PROPERTIES LTD v. AU YEUNG CHOW AND ANOTHER
Court

Lands Tribunal
Case number

LDCS6000/2007

Tribunal rejected respondent's expert second EUV report and RDV evidence as unreliable, accepted applicant's expert Mr Chan's valuations and residual valuation methodology, fixed EUV of the building at HK$40,400,000 and EUV of Respondent's unit at HK$4,730,000 (11.7079%), fixed RDV at HK$71,929,355 (rounded to HK$72,000,000), found redevelopment justified on age and state of repair and that Applicant made reasonable offers (up to HK$8,000,000), and therefore granted an order for compulsory sale with reserve price set at HK$72,000,000.